Parties will only be able to prevent access to these documents by making an application to the court. A fee may be payable to the court for accessing some documents. The growth of electronic filing of court documents and electronic resources which scan for filings at court makes the practical process of obtaining access to these types of documents ever more straightforward. If the non-party wants access to the witness statement after trial, they must ask the court for permission.
COURT FILED DOCUMENTS TRIAL
Non-parties also generally have a right to inspect witness statements prepared for trial during the trial, once the maker of the statement has used it in court. However, statements of case, orders and judgments can generally only be accessed once all defendants in the case have filed an acknowledgment of service or a defence. If made on a public basis, whether at or without a hearing, these will be accessible to non-parties. Orders and judgments are the court's decisions on issues of substance and procedure in the litigation. A non-party's right to obtain a copy of a statement of case does not however extend to documents filed with or attached to that statement of case. Without needing court permission, non-parties can generally access:Ī statement of case is a document which explains a party's case, and includes the claim form, particulars of claim, defence and any reply, as well as any further information provided between the parties as a result of requests for information. Documents a non-party can access without permission of the court Until fairly recently, the matter had received only limited consideration in Scotland, however, the position there appears to be similar although there are fewer court rules covering the situation and much will depend on the nature of the document sought and the identity of the party seeking it.
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